Adequate Infra Needed For New Criminal Laws: High Court Declines Delhi Govt's Plea To Limit 'Hybrid Courts Project' For Now

The Delhi High Court today refused to limit the implementation of project for hybrid hearings in the 691 Courts in the national capital to only 14 Pilot courts.

A bench of Acting Chief Justice Manmohan and Justice Tushar Gedela observed that such a direction would only lead to complications and would further delay the project. It observed,

"Adequate infrastructure in Delhi District Courts is the need of the hour, especially in light of the New Criminal Laws. Section 105 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) stipulates process of conducting search or taking possession of any property or preparation of list of things seized and signing of such list by witness shall be recorded through audio video means and police officer shall without delay forward such recording to judicial bench."

The bench was hearing an application moved by the Delhi Government to modify its order dated July 18, asking the government to take expeditious steps for providing infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies. Court had ordered thus,

"Chief Secretary, GNCTD to simultaneously proceed with and expedite the matter regarding grant of financial sanction in respect of all the 691 Courts as stated in preliminary estimate dated 19th April, 2024 for a sum of Rs.387,03,19,388/- as per the configuration approved by NIC and to implement the entire project on priority basis. It is clarified that a comprehensive tender for all the 691 Courts, including pilot courts, shall be floated."

GNCTD counsel submitted that the overall budget involved in the matter is in excess of Rs. 100 crore. Court said the government has to expeditiously proceed with the project in all 691 courts.

The counsel had also urged that the word "financial sanction" in the July 18 order be replaced with administrative approval. Court directed the words be read as "administrative and financial sanctions and all other necessary approvals".

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI